Appellate Division: Second Judicial Department

M282473

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2018-07773 The People, etc., respondent, v Justin Sindelman, appellant. (Ind. No. 1494/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered June 7, 2018, following a trial. Motion by the appellant pro se, inter alia, in effect, for the assignment of counsel, for the production of additional transcripts and discovery materials, and to be provided with the transcript of the grand jury proceedings. Separate motion by the appellant pro se to extend the time to perfect the appeal.

Upon the papers filed in support of the motion, inter alia, in effect, for the assignment of counsel and for the production of certain discovery materials and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, for the assignment of counsel is granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Peter A. Sell

350 North Bedford Rd., #1023

Mt. Kisco, NY 10549

and it is further,

ORDERED that the branch of the motion which is for the production of additional transcripts is denied without prejudice to renew upon papers specifying the dates of the proceedings for which transcripts are requested and the specific issues that the appellant intends to raise in connection with those transcripts; and it is further,

ORDERED that the branch of the motion which is to be provided with the transcript of the grand jury proceedings is granted to the extent that the District Attorney shall file the transcript of the grand jury proceedings, if any, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and that transcript shall remain sealed upon delivery; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that the motion by the appellant, inter alia, for the production of certain discovery materials is otherwise denied; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

BRATHWAITE NELSON, J.P., IANNACCI, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

18-A-2551

Franklin Corr. Fac.

62 Bare Hill Rd., P.O. Box 10

Malone, NY 12953